Partition Actions in Pleasanton
Pleasanton is a city located in the San Francisco Bay Area of California. Pleasanton is known for its excellent schools, safe neighborhoods, and vibrant downtown area. The city is home to many tech companies, including Oracle, Workday, and Kaiser Permanente. It is also home to the Alameda County Fairgrounds, which hosts the annual Alameda County Fair. Pleasanton is a great place to live, work, and play, with plenty of outdoor activities, shopping, and dining options.
According to Zillow, the median home value in Pleasanton, California is $1,072,400 as of 2021. As of 2020, the population of the California area of Pleasanton is 87,851.
Experienced Real Estate Partition Action Attorneys Serving Pleasanton
Talkov Law’s attorneys serving Alameda County are exceptionally experienced in the area of California partition actions. California partition actions provide a legal mechanism for co-owners of real property to divide the property among themselves. The partition statutes allow a co-owner to file a lawsuit in court to have the property divided, either physically or by awarding each co-owner a certain percentage of the property’s value. The court will then order the property to be divided according to the co-owners’ wishes. The partition statutes also provide that if the court finds that a physical division of the property is not feasible, it may order the property to be sold and the proceeds divided among the co-owners.
Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:
- What are the tax implications of a partition action? It is best to seek the advice of a tax attorney or CPA about tax issues. However, the most common tax issues in partitions, like other sales, can involve capital gains taxes and the potential partial or full reassessment of property taxes.
- What are my partition rights for inherited property? Co-owners of inherited property generally have the absolute right to force the sale of the property through a partition action.
- Can a Trust File a Partition? Yes, a trust can file a partition action as the co-owner of real property in California.
- When is a partition action right for my dispute? Generally, parties who can reach their own resolution of a co-ownership dispute are not reading websites about partition law. If you are reading this article, chances are that your co-ownership dispute has reached a level where legal options are being considered. Filing a partition action will bring about a certain result to the co-ownership dispute, rather than letting it linger for years on end. However, if the parties are very close to a settlement, it may be wise to consider a resolution.
- How will the property be divided if a partition action is successful? In most partition actions, the property will be sold, rather than being divided. If the property is eligible for partition in-kind, the court can appoint a referee to prepare a report on dividing the property in a manner that does not damage the value of the fractional interests.
In re Marriage of Leversee – Partition Action Case Study
In the legal case of In re Marriage of Leversee, 156 Cal.App.3d 891 (1984), the issue of partition arose when the parties were unable to agree on how to divide their jointly owned real property. The court was tasked with determining whether the property should be sold and the proceeds divided, or if the property should be partitioned and each party receive a portion of the property. The court found that the property should be partitioned, and the parties were ordered to divide the property in a manner that was equitable and just. The court also found that the parties should be given the opportunity to purchase the other party’s interest in the property if they so desired.
Contact our Team of Experienced Partition Lawyers Serving the City of Pleasanton in the County of Alameda, California.
Our partition litigation attorneys will work diligently to obtain a favorable outcome on your behalf, whether by negotiation or litigation. Call the experienced real estate partition attorneys at Talkov Law at (925) 999-7700 or contact us online for a free consultation about your co-ownership issues.